Tribunals and CommissionsFull Bench(2022) 08 NCLAT CK 0026

Angaraj Vanijya Pvt. Ltd vs Rohit Ferro Tech Limited & Ors

National Company Law Appellate Tribunal · Decided on 5 August 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · M. Satyanarayana Murthy, Member (J) · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Ins.) No. 929 Of 2022

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Judgment

4 paragraphs · 215 words
1.

Heard Learned Counsel for the Appellant.

2.

This Appeal has been filed against the order dated 22.06.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, by which Application filed by the Appellant has been rejected. Appellant claim that he has issued purchase order to the Corporate Debtor for delivery of 2764 MT of stainless steel. The Corporate Debtor has not supplied as per purchase order.

3.

Learned Counsel for the Appellant submits that he has written letter to the Resolution Professional much before approval of the Resolution Plan but no response was received from the Resolution Professional.

4.

The  Resolution  Plan  of  the  Corporate  Debtor  was  approved  on 07.04.2022 and the Appellant filed the I.A on 13.05.2022 subsequent to approval of Resolution Plan where he claimed that he should be compensated for sum of Rs.5,70,90,760/- which Application has been rejected by the Adjudicating Authority. The Appellant having not filed any claim before the Adjudicating Authority and the Application came to be filed after approval of the Resolution Plan, we see no reason how any relief could have been granted to the Appellant. The Adjudicating Authority has rightly rejected IA filed by the Appellant. We see no reason to interfere with the order of the Adjudicating Authority. The Appeal is dismissed.